What is the free movement of goods EU?
The free movement of goods, the first of the four fundamental freedoms of the internal market, is secured through the elimination of customs duties and quantitative restrictions, and the prohibition of measures having an equivalent effect.
What is indistinctly applicable measures?
In van Binsbergen, the Court of Justice established that indistinctly applicable measures (ie those that are indirectly discriminatory or merely restrictive) could be justified on the ground of imperative requirements in addition to the Treaty derogations provided under Article 52 TFEU.
Under which conditions does a certain selling arrangement fall outside the scope of Article 34 TFEU according to the Keck Judgement?
Importantly, the field of application of Article 34 of the TFEU is limited by the ‘Keck’ judgment, which states that certain selling arrangements fall outside the scope of that article, provided that they are non-discriminatory (i.e. they apply to all relevant traders operating within the national territory, and affect …
What is free movement of goods and services?
The elimination of customs duties and quantitative limits, and the prohibition of any measure with an equivalent effect, ensures that goods are able to move freely.
What is a quantitative restriction to the free movement of goods?
Quantitative restrictions have been defined as measures which amount to a total or partial restraint on imports or goods in transit (48). Examples of such measures include an outright ban on imports or a quota system (49).
What is MHEE EU law?
As a result, the court came up with the following definition of MHEE: ‘All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade are to be considered as measures having an effect equivalent to quantitative restrictions’ (Woods & …
Why is free movement a right?
Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country, and to leave the country and return to it.
What are the 4 freedoms of movement?
The four fundamental freedoms as they are known today are: the free movement of goods, persons, services and capital. They are a part of the European Single Market and were first described in the Treaty of Rome in 1957.
What are quantitative restrictions EU?
Is a product requirement an MEQR?
Basically, yeah. A product requirement is something which is physically to do with the product. So think of Rau – requiring all margarine to be sold in cube boxes is a MEQR because it means other Member States have to repackage their margarine.
What free movement means?
legal permission for goods, capital, services, or workers to leave one country and enter another country without extra taxes, legal documents, official limits, etc.: The Czech Republic is part of the EU and its citizens are entitled to free movement across the union. Compare. capital movement.
Who has right of free movement?
(1) Everyone has the right to freedom of movement and residence within the borders of each State. (2) Everyone has the right to leave any country, including his own, and to return to his country.
Who has rights of free movement?
What does Article 35 TFEU prohibit?
— Article 35 TFEU, which relates to exports from one Member State to another and similarly prohibits ‘quantitative restrictions and all measures having equivalent effect’. It reads; ‘Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States’.
What are the limits to freedom of movement?
International case law provides examples of reasonable restrictions on freedom of movement, including lawful detention, guardianship orders, involuntary treatment orders, Parole Board orders, family violence intervention orders, residence conditions on persons suspected of terrorist activities, and restrictions on …
What are the 4 principles of the EU?
The common principles and values that underlie life in the EU: freedom, democracy, equality and the rule of law, promoting peace and stability.